Subhash Rawatmal Sakhla vs Sumati Yashwant Bhosale & Anr
2016 Latest Caselaw 217 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                       
                      BENCH AT AURANGABAD

              CRIMINAL APPEAL NO.758 OF 2003




                                               
                            AND
              CRIMIANL APPEAL NO.757 OF 2003
                              
    Subhash s/o. Rawatmal Sakhala,




                                              
    Age 45 years, Occ. Business,
    r/o. 3058/59, Parshakhunt,
    Ahmednagar, Dist. Ahmednagar   ..Appellant




                                         
                  Versus
                              
    1] Mrs.Sumati Yashwant Bhosale,
       Age 41 years, Occ. Service,
       r/o. New Bethel Colony,
       Kothi, Station Road,
                             
       Ahmednagar

    2] The State of Maharashtra              ..Respondents 
      

                                     --
    In both matters  :
   



    Mr.Satej Jadhav, advocate for appellant

    Mr.Joydeep Chatterji, advocate for respondent no.1





    Mr.R.V.Dasalkar,   A.P.P.   for   respondent   no.2   - 
    State 
                              --





                                    CORAM : M.T. JOSHI, J.

DATE : MARCH 01, 2016 ORAL JUDGMENT :

Heard both sides.

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    2]       Aggrieved   by   the   acquittal   of   the 




                                                                                  

respondent/accused from the offence punishable

under Section 138 of the Negotiable Instruments

Act vide impugned judgments and order dated 1 st

February, 2013 passed by learned 6th Judicial

Magistrate F.C., Ahmednagar, the original

complainant has preferred these appeal. In both

the appeals, the parties are same.

3] It was alleged by the present

appellant/complainant that respondent no.1/accused

had purchased a flat from his scheme. In each

appeal, the cheque in question, passed by

respondent no.1/accused to the appellant/

complainant was of Rs.50,000/- each. Those

cheques, however, were dishonoured when presented

to the banker of the appellant/complainant.

Thereafter, upon issuing notice, since there was

non-compliance from the respondent/accused, the

complaints came to be filed.

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    4]     Upon   hearing   both   sides,   it   can   be   gathered 




                                                    

that the appellant/complainant himself has

admitted during cross-examination, that he had

received all the amount under the transaction. The

learned Judicial Magistrate F.C. took into

consideration this admission of the appellant and

acquitted the respondent no.1/accused.

5] In the present appeals against the acquittal,

therefore, I do not see any reason to interfere

with the findings of the learned Judicial

Magistrate F.C. The same are reasonable and

probable.

6] Both the appeals are, therefore, dismissed.

[M.T. JOSHI, J.]

kbp